Workshop A — Introduction to CFIUS: Your A-to-Z Guide to Filing Requirements, Timelines, Mitigation, Enforcement, Penalties and Beyond

Apr 10, 2024 8:30am – 12:00 PM

Almira Moronne
Davis Graham & Stubbs LLP

Benjamin G. Joseloff
Of Counsel
Cravath, Swaine & Moore LLP

Eileen Keenan
Attorney Advisor, National Security Division, Foreign Investment Review Section
U.S. Department of Justice

Workshop is offered In-Person only

What is the Committee for Foreign Investment in the United States (CFIUS)? Designed for industry representatives who are new to this nuanced national security sector or seeking a comprehensive refresher, this introductory session will discuss the requirements for a CFIUS filing and more core elements to the process.

Delegates will gain an understanding of the national security reasons for CFIUS filings, the scrutiny given to filings, as well as the timelines for processing a filing and an overview of the enforcement landscape.

  • Under what circumstances does FIRRMA give CFIUS authority to:
    • Impose an interim mitigation agreement?
    • Require plans for monitoring compliance with mitigation agreements?
    • Determine that a current or older mitigation agreement is no longer warranted?
    • Allow for the use of third-party, independent parties to monitor agreements?
  • Filing fees and when you have to pay, as well as for two-step transaction
  • Calculating timelines for submitting a mandatory declaration or notice
  • Analyzing what can cause delays and how to avoid them
  • Examining basic enforcement activity for non-filing and penalties